TREATY
WITH THE DELAWARES, ETC., 1805.
A
treaty between the United States of America, and the tribes of
Indians called the Delawares, Pottawatimies, Miames, Eel, River,
and Weas.
ARTICLES
of a treaty made and entered into, at Grouseland, near Vincennes,
in the Indiana territory, by and between William Henry Harrison,
governor of said territory, superintendent of Indian affairs, and
commissioner plenipotentiary of the United States, for treating with
the north western tribes of Indians, of the one part, and the tribes
of Indians called the Delewares, Putawatimis, Miamis, Eel River,
and Weas, jointly and severally by their chiefs and head men, of
the other part.
ARTICLE
I.
Whereas,
by the fourth article of a treaty made between the United States
and the Delaware tribe, on the eighteenth day of August, eighteen
hundred and four, the said United States engaged to consider the
said Delewares as the proprietors of all that tract of country which
is bounded by the White river on the north, the Ohio and Clark’s
grant on the south, the general boundary line running from the mouth
of Kentucky river on the east, and the tract ceded by the treaty
of fort Wayne, and the road leading to Clark’s grant on the west
and south west. And whereas, the Maimi tribes, from whom the Delawares
derived their claim, contend that in their cession of said tract
to the Delewares, it was never their intention to convey to them
the right of the soil, but to suffer them to occupy it as long as
they thought proper, the said Delewares have, for the sake of peace
and good neighborhood, determined to relinquish their claim to the
said tract, and do by these presents release the United States from
the guarantee made in the before-mentioned article of the treaty
of August, eighteen hundred and four.
ART.
II.
The
said Maimi, Eel River, and Wea tribes, cede and relinquish to the
United States forever, all that tract of country which lies to the
south of a line to be drawn from the north east corner of the tract
ceded by the treaty of fort Wayne, so as to strike the general
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boundary
line, running from a point opposite to the mouth of the Kentucky
river, to fort Recovery, at the distance of fifty miles from its
commencement on the Ohio river.
ART.
III.
In
consideration of the cession made in the preceding article, the United
States will give an additional permanent annuity to said Miamis,
Eel River, and Wea tribes, in the following proportions, viz: to
the Miamis, six hundred dollars; to the Eel River tribe, two hundred
and fifty dollars; to the Weas, two hundred and fifty dollars; and
also to the Putawatemies, an additional annuity of five hundred dollars,
for ten years, and no longer; which, together with the sum of four
thousand dollars which is now delivered, the receipt whereof they
do hereby acknowledge, is to be considered as a full compensation
for the land now ceded.
ART.
IV.
As
the tribes which are now called the Miamis, Eel River, and Weas,
were formerly and still consider themselves as one nation, and as
they have determined that neither of these tribes shall dispose of
any part of the country which they hold in common; in order to quiet
their minds on that head, the United States do hereby engage to consider
them as joint owners of all the country on the Wabash and its waters,
above the Vincennes tract, and which has not been ceded to the United
States, by this or any former treaty; and they do farther engage
that they will not purchase any part of the said country without
the consent of each of the said tribes. Provided always, That
nothing in this section contained, shall in any manner weaken or
destroy any claim which the Kickapoos, who are not represented at
this treaty, may have to the country they now occupy on the Vermillion
river.
ART.
V.
The
Putawatimies, Miami, Eel River, and Wea tribes, explicitly acknowledge
the right of the Delawares to sell the tract of land conveyed to
the United States by the treaty of the eighteenth day of August,
eighteen hundred and four, which tract was given by the Piankashaws
to the Delawares, about thirty-seven years ago.
ART.
VI.
The
annuities herein stipulated to be paid by the United States, shall
be delivered in the same manner, and under the same conditions as
those which the said tribes have heretofore received.
ART.
VII.
This
treaty shall be in force and obligatory on the contracting parties
as soon as the same shall have been ratified by the President, by,
and with the advice and consent of the Senate of the United States.
In testimony whereof, the said commissioner plenipotentiary of the United States,
and the sachems, chiefs, and head men of the said tribes, have hereunto set
their hands and affixed their seals.
Done at Grouseland, near Vincennes, on the twenty-first day of August, in the
year eighteen hundred and five, and of the independence of the United States
the thirtieth.
William Henry Harrison, [L. S.]
Delawares:
Hocking Pomskan, his x mark, [L. S.]
Kecklawhenund, or William Anderson, his x mark, [L. S.]
Allime, or White Eyes, his x mark, [L. S.]
Tomague, or Beaver, his x mark, [L. S.]
Pattawatimas:
Topanepee, his x mark, [L. S.]
Lishahecon, his x mark, [L. S.]
Wenamech, his x mark, [L. S.]
Miamis:
Kakonweconner, or Long Legs, his x mark, [L. S.]
Missingguimeschan, or Owl, his x mark, [L. S.]
Wabsier, or White Skin, his x mark, [L. S.]
Mashekanochquah, or Little Turtle, his x mark, [L. S.]
Richardville, his x mark, [L. S.]
Eel Rivers:
Wanonecana, or Night Stander, his x mark, [L. S.]
Metausauner, or Sam, his x mark, [L. S.]
Archekatauh, or Earth, his x mark, [L. S.]
Weas:
Assonnonquah, or Labossiere, his x mark, [L. S.]
Misquaconaqua, or Painted Pole, his x mark, [L. S.]
Ohequanah, or Little Eyes, his x mark, [L. S.]
Delawares:
Missenewand, or Captain Bullet, his x mark, [L. S.]
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Done in the presence of—
B. Parke, secretary to the commissioner,
John Gibson, secretary Indiana Territory,
John Griffin, a judge of the Indiana Territory,
B. Chambers, president of the council,
Jesse B. Thomas, Speaker of the House of Representatives.
John Rice Jones,
Samuel Gwathmey,
Pierre Menard,
Members legislative council, Indiana Territory,
Davis Floyd,
Shadrach Bond,
William Biggs,
John Johnson,
Members house of representatives Indiana Territory,
W. Wells, agent of Indian affairs,
Vigo, colonel of Knox County Militia,
John Conner,
Joseph Barron,
Sworn interpreters.
ADDITIONAL
ARTICLE.
It
is the intention of the contracting parties, that the boundary line
herein directed to be run from the north east corner of the Vincennes
tract to the boundary line running from the mouth of the Kentucky
river, shall not cross the Embarras or Drift Wood fork of White river,
but if it should strike the said fork, such an alteration in the
direction of the said line is to be made, as will leave the whole
of the said fork in the Indian territory.
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